30
Lease Succession Rights
Family members living in an apartment not covered by rent control,
rent stabilization, or other housing governed by a regulatory
agreement generally have no right to succeed a tenant who dies or
permanently vacates the premises. The rights of a family member living
in a rent controlled or rent stabilized apartment to succeed a tenant
of record who dies or permanently vacates are covered by DHCR
regulations. Under these regulations, a “family member” is defined as
husband, wife, son, daughter, stepson, stepdaughter, father, mother,
stepfather, stepmother, brother, sister, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, son-in-law,
or daughter-in-law of the tenant; or any other person residing with the
tenant in the apartment as primary resident who can prove emotional
and financial commitment and interdependence with the tenant
(9 NYCRR § 2520.6(o)(2)).
Minimum Residency — A family member would succeed to the rights of
the tenant of record upon the tenant’s permanent departure or death,
provided the family member lived with such a primary resident either
(1) not less than two years (one year in the case of senior citizens
and persons living with a disability persons), or
(2) from the commencement of the tenancy or the relationship, if
the tenancy or relationship was less than two years— or one year,
in the case of senior citizens and tenants living with a disability
(9 NYCRR § 2523.5).
The minimum residency requirements will not be considered
interrupted by any period during which the “family member”
temporarily relocates because he or she is engaged in active military
service, is enrolled as a full-time student, is not living in the residence
because of a court order, is temporarily relocated for employment, is
hospitalized; or other reasonable grounds.
Residential Tenant’s Rights Guide